NJ Memorandum of Agreement Process Discontinued

As a result of the May 2009 Site Remediation Reform Act (SRRA), the NJDEP has discontinued the Memorandum of Agreement (MOA) process.

The SRRA (previously detailed by REPSG here) amended the Brownfield and Contaminated Sites Act. Under section 30a, the SRRA includes a provision that establishes an “affirmative obligation on persons to remediate any discharge for which they would be liable pursuant to the Spill Compensation and Control Act,” therefore eliminating the need for a “voluntary cleanup program.”

Furthermore, section 30b of the SRRA requires responsible parties undertaking a remediation to proceed through the process without waiting for the NJDEP’s approval (unless otherwise directed by the Department). 12/1/2009

Following the requirements set forth in the SRRA, all new (begun after November 3, 2009) remediation cases that are subject to Section 30 of the SRRA will need to be performed by a Licensed Site Remediation Professional (LSRP); while all remediation cases, including those currently under DEP oversight, will need to be performed by a LSRP after May 07, 2012.

The NJDEP still requires that cases subject to the Industrial Site Recovery Act (ISRA) Rules or the Underground Storage Tank Rules continue to utilize the forms found within the ISRA and UST online documentation.